Assignment Task:
California recently passed a new law-"the Corporate Diversification Act"-- requiring corporations to diversify their boards of directors by having a director from an "underrepresented community," defined by the new law as including the African American, Latin American, Native American, Asian American and/or Pacific Islander communities. The Act applies to publicly traded companies that have a main executive office in California.
In passing the Act, lawmakers emphasized that it was important for people of color to have a voice in the decisions made by powerful companies. Citing the fact that boards of directors are disproportionately white, supporters pointed to research suggesting that companies with more diverse boards are more open to new ideas and may be more profitable.
An advocacy organization filed a lawsuit against the State of California challenging the Act. In its complaint, the organization alleges that the Act forces companies to use "racial quotas" in violation of the equal protection clause of the 14th amendment of the U.S. Constitution.
The case makes its way through the court system and the U.S. Supreme Court ultimately agrees to hear the case.
1. Does the Act treat or classify people differently based on race? Why or why not?
2. What level of judicial scrutiny will the Supreme Court apply to this case?
3. Will the U.S. Supreme Court find the Act constitutional or not? Apply the level of judicial scrutiny you reference in your answer to #2 above and explain your reasoning and conclusion